Patna High Court
Sudhir Sharma @ Sudhir KumarversusThe State of Bihar
- Decided
- Disposal
- DISPOSED
- Bench
- RAJIV ROY
Holding
The Court rejected the anticipatory bail but permitted the petitioner to withdraw the petition subject to surrender within eight weeks.
Summary
The petitioner, Sudhir Sharma, filed an anticipatory bail petition fearing arrest in connection with a criminal case (Karpi P.S. Case No. 133 of 2025) filed under several sections of the B.N.S. The petition sought relief from arrest pending investigation. Counsel for the petitioner requested permission to withdraw the petition, provided he surrenders to the court within eight weeks. The Court considered whether anticipatory bail was warranted and whether a conditional withdrawal could be allowed. It rejected the anticipatory bail application, but granted the petitioner's request to withdraw the petition on the condition of surrender within the stipulated period. The Court directed that the matter be taken up for disposal on the day of surrender, if possible.
Issues considered
- Whether anticipatory bail should be granted to the petitioner under the circumstances.
- Whether the petitioner may be allowed to withdraw the anticipatory bail petition with liberty to surrender within a specified period.
Legislation cited
- B.N.S. — s. 115(2), 117(2), 118(1), 126(2), 3(5), 351(2), 352
Subjects
- anticipatory bail
- withdrawal of petition
- surrender
- criminal procedure
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.74868 of 2025
Arising Out of PS. Case No.-133 Year-2025 Thana- KARPI District- Arwal
======================================================
Sudhir Sharma @ Sudhir Kumar Son of Shri Atmesh Singh @ Atmesh
Sharma @ Mithlesh Singh Resident of Village - Rampur, Ps- Karpi, Dist-
Arwal
... ... Petitioner/s
Versus
The State of Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr.Amit Kumar, Advocate
For the State : Mr. Jitendra Kumar Singh, APP
For the Informant : Mr. Bipin Kumar Singh, Advocate
======================================================
CORAM: HONOURABLE MR. JUSTICE RAJIV ROY
ORAL ORDER
4 23-02-2026 Heard Mr. Amit Kumar, learned counsel for the
petitioner and Mr. Bipin Kumar Singh, learned counsel for the
informant as also Mr. Jitendra Kumar Singh, learned APP for
the State.
2. The petitioner is apprehending arrest in connection
with Karpi P.S. Case No. 133 of 2025 instituted under Sections
126(2), 115(2), 118(1), 117(2), 352, 351(2), 3(5) of the B.N.S
lodged on 11.07.2025 by the informant, Anup Singh.
3. After some argument, learned counsel for the
petitioners submit that he may be permitted to withdraw the
petition with liberty to surrender within a period of eight weeks.
4. Accordingly, the anticipatory bail stands rejected. If
the petitioners surrender within a period of eight weeks, the
Patna High Court CR. MISC. No.74868 of 2025(4) dt.23-02-2026
2/2
Court concerned shall take up the matter and if possible shall be
disposing it of on the same day.
(Rajiv Roy, J)
Ravi/-
U T
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